MINUTES OF THE REGULAR MEETINGMASSILLON CITY COUNCILHELD, MONDAY, MARCH 3, 2014

ACTING COUNCIL PRESIDENT MANSON B I'd like to welcome all of you to Massillon City Council for Monday, March 3, 2014. Mr. Townsend is sick he called and asked if I would fill in. Bear with me this is the first time I’ve ever done this so I know I’m going to make some mistakes so we got the law director there to keep us out of trouble and I’ll listen to the clerk down here she’ll keep me on line. Other than that I’ll just be running it by the numbers then. We have in attendance with us this evening the following city officials we have Mayor Kathy Catazaro-Perry, Parks Director Doug Nist, City Engineer Keith Dylewski, Safety Service Director Al Hennon, Jim Johnson from Building, Dave Maley, Police Chief Keith Moser and Law Director Perry Stergios. For those of you who like to follow tonight’s meeting we have agendas over to the left for anyone like I as I stated who wish to follow the meeting. Also if you look on the agenda under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I'd also like to remind anyone with a cell phone please turn it off or turn it very far down.

COUNCILMAN LEWIS – Chairman of the Finance Committee led those in attendance in the Pledge of Allegiance.

4. READING OF THE JOURNAL

ACTING COUNCIL PRESIDENT MANSON - Madame Clerk, are the minutes of the previous meeting transcribed and open for public viewing? (Yes, they are) Are there any additions or corrections to the minutes? If not the minutes stand approved as written.

5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

ACTING COUNCIL PRESIDENT MANSON – We have arrived at item 5 this is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda if you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you want to discuss at this time.

SAM DAUT – 835 Cherry Rd NW. I want to speak on Ordinance No. 5 I think I like I think I’ve made myself clear I’m totally opposed to this. I don’t even think it should of been considered to begin with. But that being said at this point if you choose to pass this ordinance tonight all I have to say is I think that the citizens of Massillon deserve to be just basically disenchanted with this whole thing to begin with. And also we should be disassociated with it all together. Another words what I’m saying is I think the hotel and the SARTA bus system I want nothing to do with that parking deck any maintenance fees or anything in general to do with that piece of property in general. If you choose to vote on it because first of all I don’t want any maintenance down the road for any of these kids for the future that have to pay and maintain any of that property. Down the road as old as its getting to be somewhere there’s going to be fees and thing. But that being said I just want you to know I think it’s a bad deal for the citizens of Massillon I’ve not found one person that agree with any of this that this is our best deal out and if you’re going to be like basically talked into something like that I don’t know what else to say. As a businessman all I know is that if you’re giving any free loans out Mrs. Keller please give me a call that they’re interest free because I’d be glad to borrow some money. Thank you.

ACTING COUNCIL PRESIDENT MANSON – Thank you. Is there anyone else?

6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ACTING COUNCIL PRESIDENT MANSON – Okay, lets move on to #6 introduction of ordinances and resolutions.

ORDINANCE NO. 21 - 2014BY: COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement between the City of Massillon and the Community Improvement Corporation of Massillon, Inc., for the sale of real estate located on the south side of Lincoln Way West (SR 172) adjacent to Holy Trinity Church known as Outlot #967 containing 3 acres of land, upon approval of the Board of Control.

ACTING COUNCIL PRESIDENT MANSON – Thank you, Ms. Clerk, this comes under my committee. Perry, I think I’m allowed to discuss these I can run my own part of the meeting I believe. (Yes, you are, yes) Okay, alright, 21 we discussed at week’s committee meeting I’m not hiding any part of it I belong to that church out there. But we’re going to give this first reading tonight and have some discussion next Monday on it.

ORDINANCE NO. 21 – 2014 WAS GIVEN FIRST READING.

ORDINANCE NO. 22 - 2014BY: HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1351 “OUTDOOR FURNITURE RESTRICTION” of the Codified Ordinances of the City of Massillon.

ACTING COUNCIL PRESIDENT MANSON – Health and welfare I’m sorry I don’t have my chart up here with me but Shaddrick.

COUNCILMAN STINSON – This was introduced at our last meeting and there’s been some change to some of the language and so we’re going to move for first reading.

ACTING COUNCIL PRESIDENT MANSON – Alright, first reading on Ordinance No. 22.

ORDINANCE NO. 22 – 2014 WAS GIVEN FIRST READING.

ORDINANCE NO. 23 - 2014BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY

Accepting the vacation of Saint Luke Street NW, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Alright, streets and highways, Nancy.

COUNCILWOMAN HALTER – Thank you, Mr. President. This is a companion piece to Ordinance No. 21 so tonight we’ll give it first reading.

ACTING COUNCIL PRESIDENT MANSON – Okay, first reading on Ordinance No. 23.

ORDINANCE NO. 23 – 2014 WAS GIVEN FIRST READING.

ORDINANCE NO. 24 - 2014BY: FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 2105 Stormwater Utility Fund and the 1414 Collection System Improvement Fund, for the year ending December 31, 2014, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis.

COUNCILMAN LEWIS – Thank you. This particular piece I believe was discussed by Councilwoman Scassa at the last committee meeting of the finance committee. What it does have in as part of it is the appropriating the money to replace and repair certain catch basins throughout the city and a list was provided for us to review. I believe that they probably need to go ahead and start working on contracting and getting these projects completed as soon as possible. So I would intend to pass this on first reading with a suspension of the rules but I do open it for discussion before I make the motion.

ACTING COUNCIL PRESIDENT MANSON – Discuss? No discussion.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

ACTING COUNCIL PRESIDENT MANSON – We need a motion to accept the auditor’s report.

COUNCILMAN LEWIS – I move that we accept the auditor’s report for February 2014, seconded by Councilwoman Del Rio-Keller.

Roll call vote of 9 yes to accept the Auditor’s report for February 2014.

ACTING COUNCIL PRESIDENT MANSON – Okay, thank you, we have accepted that.

11. REPORTS OF COMMITTEES

ACTING COUNCIL PRESIDENT MANSON – Is there’s any reports of committees anybody have anything for the good of the order here? The only thing I want to say is that we are going to reconvene the fiscal plan discussion that we had we broke and we will be reconvening when this meeting is over. Then we will be setting an agenda of meetings for the next week or so. Is there something Councilman Lewis?

COUNCILMAN LEWIS – I just wanted to add that in that meeting also we will take a moment and possibly also look at setting the budget meetings that may coincide with the meetings that we’re doing for the plan.

ACTING COUNCIL PRESIDENT MANSON – Okay, anybody else?

12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

ACTING COUNCIL PRESIDENT MANSON – Anybody have any special requests or resolutions you’d like?

13. CALL OF THE CALENDAR

14. THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 6 – 2014BY: PARKS AND RECREATION COMMITTEE

Establishing the new 2014 Club Legends Room/Tent fees to be charged at The Legends of Massillon Golf Course, and declaring an emergency.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President, This is up for third reading this would be increasing the fees in the Club Legends room and the tent. If anybody has any questions Mr. Nist is here and if not I will be making a motion that we approve this tonight. Any questions?

Establishing the new 2014 Facility/Pavilion Cancelation fees for the Massillon Parks and Recreation Department, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President, this is also up for third reading. This is just taking the pavilion rental as it stands and moving the timeframe as to when you cancel it so that we may get it reserved again if it is canceled. And again Mr. Nist is here so does anyone have any questions?

Accepting the dedication of road right of way and replat for the property located at 1306 17th Street SW owned by Jamie Gresser. The dedication includes approximately 0.119 acres of the existing roadway area and replat of the adjourning property, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President. This also is up for third reading so I will be making a motion tonight to bring this forward for a vote.

Making certain appropriations from the unappropriated balance of the Safety Forces Improvement Fund, for the year ending December 31, 2014, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this is the court side I believe of the legislation that we also have a similar one in the second reading section of tonight. This is for the assistance of the purchasing of weapons that would be given to our police officers and so they would be one uniform weapon. It would also go for such things as ammunition as well I believe. I have not had any emails or questions presented to me about the issue. So I do open it up for discussion now before we move for a vote.

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement between the City of Massillon, Downtown Massillon Hotel, Ltd., and Charles Street Ltd., which would permit, if certain conditions are met, canceling the promissory note associated with the loan for the Hampton Inn project and release the related mortgages and any other liens related to the financing of the project upon payment in the amount of $1.4 million to the City, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – I think we have some more discussion about this next week. We will have the hotel people here at the committee meeting again. So I’m giving that second reading.

ORDINANCE NO. 5 – 2014 WAS GIVEN SECOND READING.

ACTING COUNCIL PRESIDENT MANSON – Second reading for Ordinance No. 5.

ORDINANCE NO. 13 - 2014BY: COMMUNITY DEVELOPMENT COMMITTEE

Amending the Community Reinvestment Area Agreement between the City of Massillon and Midwest Health Services for the construction of a new office building within the City of Massillon, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – I intend to give this second reading. Like I said we’ve had this is the third ordinance we’ve had on this since last June. So we’ll talk about it one more meeting and then we’ll vote on it when it comes up for third reading.

ORDINANCE NO. 13 – 2013 WAS GIVEN SECOND READING.

ORDINANCE NO. 14 - 2014BY: COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the resale and conveyance of property Parcel #06-07770 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said property, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Yes, I would like to have a little discussion if there is any discussion if not its going to be my intention to waive the rules on this one. Mr. Martin’s a long time resident of that block down there. He lives next to it it’s not something that he just you know dreamed up to try to increase his net worth or something. He I think he’ll take good care of it. So if there are no objections I’m going to make a motion that we waive the requiring three separate readings and bring Ordinance No. 14 – 2014 forward for passage.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Chovan.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 14 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 15 - 2014BY: HEALTH, WELFARE & BUILDING REGULATIONS

Repealing existing CHAPTER 1323 “NOTIFICATION OF FORECLOSURE FILING” and enacting a new CHAPTER 1323 “FORECLOSURE PROPERTY REGISTRY”, of the Codified Ordinances of the City of Massillon.

ACTING COUNCIL PRESIDENT MANSON – Mr. Stinson.

COUNCILMAN STINSON – Yes, thank you Mr. President. I just received information that these this ordinance and the next couple of ordinances were just addressed in the newspaper and I want to give time for more discussion.

ACTING COUNCIL PRESIDENT MANSON – Then you’re saying second reading.

COUNCILMAN STINSON – Yes, second reading, thank you.

ORDINANCE NO. 15 – 2013 WAS GIVEN SECOND READING.

ORDINANCE NO. 16 - 2014BY: HEALTH, WELFARE & BUILDING REGULATIONS

Repealing existing CHAPTER 1330 “REGISTRATION OF NON-OWNER OCCUPIED STRUCTURES” and enacting a new CHAPTER 1330 “REGISTRATION OF NON-OWNER OCCUPIED RENTAL STRUCTURES”, of the Codified Ordinances of the City of Massillon.

ACTING COUNCIL PRESIDENT MANSON – Mr. Stinson, Ordinance No. 16.

COUNCILMAN STINSON – Same with this one. I’m going to give it time for discussion. Second reading.

ORDINANCE NO. 16 – 2013 WAS GIVEN FIRST READING.

ACTING COUNCIL PRESIDENT MANSON – Second reading on Ordinance No. 16.

ORDINANCE NO. 17 - 2014BY: HEALTH, WELFARE & BUILDING REGULATIONS

Repealing existing CHAPTER 1331 “REGISTRATION OF VACANT BUILDINGS” and enacting a new CHAPTER 1331 “REGISTRATION OF VACANT BUILDINGS”, of the Codified Ordinances of the City of Massillon.

ACTING COUNCIL PRESIDENT MANSON – Mr. Stinson.

COUNCILMAN STINSON – Once again, second reading.

ORDINANCE NO. 17 – 2014 WAS GIVEN SECOND READING.

ACTING COUNCIL PRESIDENT MANSON – Second reading on Ordinance No. 17 – 2014.

ORDINANCE NO. 19 – 2014BY: FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Local Law Enforcement Trust Fund, for the year ending December 31, 2014, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is very similar to the ordinance that we just passed with the court. This is our general fund its really just us looking at the other side of things coming from our side to support the purchase of weapons and ammunition for our police force just so that we have one unified weapon for all of our forces that we hire. I have not received any questions or discussion on that matter so with that said I will open up for discussion now and if not I intent to suspend the rules and bring it forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Any discussion? Seeing no discussion Mr. Lewis?

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

ACTING COUNCIL PRESIDENT MANSON – Okay, we have arrived at #17 is there anyone present that would like to speak on a topic that did not appear on tonight’s agenda if so please approach the microphone and give your name and address and the topic you wish to discuss.

SAM DAUT – 835 Cherry Rd NW. Nothing against the mayor personally I mean I don’t I, I think the mayor’s been really doing her best however I feel that she’s asking city council and the citizens of Massillon to make a lot of concessions. I’ve been to some of the committee meetings and I all I’ve heard from thing or like assessments for lighting and we’ve had all these assessment increases for sanitary sewer, stormwater sewer utility. It’s seems like all we’re getting done here at city hall is camouflaging and concealing what Frank Cicchinelli screwed up. That’s all I see getting done here. That being said I’m going to offer a suggestion to anybody on city council to first of all you should show us somewhere that city’s going to start making concessions back to the community out of good faith before you’re asking us for more money or concessions. One would be to get onto the editor’s website and go to the auditor’s and go to real estate search and just look at all the land that Frank Cicchinelli bought at our expense. I think out of good faith what you need to do is start getting the city to hire an auctioneer I don’t care if you get $.50 on a $1.00, $.20 on a dollar and start unloading land. I’m not referring to right-of-way I’m referring on some of the debacle land that he bought out there on Skyland, the land out on Finefrock. We have got a pile of land sitting there growing weeds and you’re asking us to collect more money. Granted you don’t have to pay real estate taxes like we do we’re paying the bulk of all the taxes here. I think out of good faith mayor, you the city council should hire Mr. Kiko get down here and I’m not like I said I’m not referring to right-of-ways I’m referring to a lot of worthless land that Frank spent what he should have been using that money to do the repairs here instead of worrying about buying land so he could get a vote annexing more land in the township. It’s a wonder he’s not he should have moved to Tuscarawas Township because he probably would serving on the township trustees right now. That being said you have to show me as a city council and the mayor that you need to address some problems here. You’re going to have to face reality here. You can’t keep coming back to us and say we should pay for more tax abatements, more people that are going to freeload off the taxpayers. I think its about time you people do what you’re getting paid to and by the citizens of Massillon and start getting start doing what we paid for by mistake. Thank you.

ACTING COUNCIL PRESIDENT MANSON – Anybody else? Okay, having seen no one else Mr. Lewis make a motion.